From: [i--s--t] at [delphi.com] Newsgroups: talk.politics.guns Subject: Davidian Trial Report Feb 18 Date: Tue, 22 Feb 94 01:23:44 -0500 The following is the text of an article in the San Antonio Express-News reporting on the events in the Branch Davidian trial on February 18, 1994. ========================================================================== Ruling a first in Texas By Diana R. Fuentes Express-News Staff Writer In a major victory for the defense, a federal judge said Friday he'd let jurors in the Branch Davidian murder-conspiracy trial consider whether the defendants acted in self-defense in the deaths of four federal officers last year in a raid on the sect's home. The ruling by U.S. District Judge Walter S. Smith Jr. is a first for the federal courts in Texas, defense attorneys said. After listening to arguments and reading legal briefs from both sides on the issue, Smith decided jurors will be told that if they find a defendant believed his or her life or that of others was in danger and that deadly force was necessary to repel the danger, then the defendant had a right to use deadly force as a defense, even against a law officer. But a self-defense ruling is inappropriate, jurors will be advised, if they find some defendants acted because they knew the agents wanted to arrest Koresh and search Mount Carmel. Also, the jury will be told that if the government has convinced it beyond a reasonable doubt that a defendant prepared to ambush the U.S. Bureau of Alcohol, Tobacco and Firearms agents, then the defendant cannot be acquitted by reason of self-defense. Defense attorneys argue that even if some defendants did prepare for the arrival of ATF agents the morning of Feb. 28, 1993, they were only preparing to defend themselves in case they were attacked as had been preached by their prophet, David Koresh. Agents of the bureau tried to raid Mount Carmel, the Branch Davidians' living compound, to arrest Koresh and search the premises. The raid led to a gunbattle, in which four agents and several sect members died. A 51-day siege followed, ending April 19 with a deadly inferno that razed Mount Carmel. Koresh and 80 of his followers died amid the blaze, some of them from gunshot wounds. Before Smith ruled Friday, Assistant U.S. Attorney Bill Johnston argued against allowing the self-defense claim. "If these defendants, generally, based upon what they have said ... if they can kill federal agents and have the right to have the jury then acquit them on self-defense, then we are at a deadly crossroads in this country," Johnston said. "Because no longer will civil-rights suits or civil-rights prosecution be the basis on which police officers are punished. They will just be shot," he concluded. Austin attorney Terry Kirk, co-counsel for defendant Ruth Riddle, filed the legal brief supporting claims of self-defense against federal officers whom defendants believe were using excessive or unreasonable force. "Must a citizen take a bullet in the head as long as the shooter is a federal agent, and no matter whether the agent's shooting is unlawful or reasonable perceived to be unlawful?" Kirk argued. "The Supreme Court did not mean to protect only those who had an 'honest mistake of fact' as to who might be attacking them," Kirk continued. "The same protection must be afforded to those citizens whose honest mistake of fact is that federal agents mean to kill them unjustifiably -- assuming such is a mistake." Smith said he plans to read the 67 pages of instructions to the jury first thing Tuesday -- Monday is a federal holiday -- and then prosecutors will begin their closing arguments, for which they have 3 1/2 hours. Defense attorneys likely will take their turn starting after lunch. Smith allotted each defense attorney 30 minutes, except for Rocket Rosen, who represents two clients and will receive 45 minutes. Smith agreed to grant the defense, which had asked for at least 45 minutes each with more for Rosen, an extra 30 minutes to be divided among them. Prosecutors could offer rebuttal closing arguments before the case goes to the jury, which could begin deliberations as early as Wednesday afternoon. In the instructions he will give the jury Tuesday, Smith wrote: "Generally, the law forbids forcible resistance to law enforcement officers executing search and arrest warrants." But, Smith went on: "It has always been a policy of the law to protect the physical integrity of every person from unauthorized violance." The judge also will let jurors consider a lesser charge of voluntary manslaughter in the deaths of the four agents. He defined it as being "when a human being is killed unlawfully in the sudden heat of passion caused by adequate provocation." Kirk and Joe Turner, Riddle's primary attorney, said this is the first time a district court within the 5th Circuit -- the circuit includes Mississippi, Louisiana, and Texas -- has allowed the use of self-defense in a case involving the alleged murder of a federal officer. Other circuits, however, have allowed the use of self-defense argument. ========================================================================== The text of the jury instructions is to be found in the posting titled "Davidian Jury Instructions", with the last page omitted.